115. (1) Minimum time to be served - Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is

in the case of an offender serving a life sentence, other than an offender referred to in paragraph (a.1), the period required to be served by the offender to reach the offender's full parole eligibility date less three years;

in the case of an offender described in subsection 746.1(3) of the Criminal Code, the longer of

the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and

the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

in the case of an offender serving a sentence for an indeterminate period, other than an offender referred to in paragraph (b.1), the longer of

the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and

the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

in the case of an offender serving a sentence for an indeterminate period as of the date on which this paragraph comes into force, the longer of

three years, and

the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years; and

in any other case,

one half of the period required to be served by the offender to reach the offender's full parole eligibility date, or

six months,

whichever is greater.

         (2) Exceptions - Subsection (1) does not apply to an offender whose life or health is in danger and for whom an unescorted temporary absence is required in order to administer emergency medical treatment.

         (3) Maximum security - Offenders who, pursuant to subsection 30(1) and the regulations made under paragraph 96 (z.6), are classified as maximum security offenders are not eligible for an unescorted temporary absence.

[1992, c. 20, s. 115; 1995, c. 42, ss. 31, 71(F); 1997, c. 17, s. 19. ]

116. (1) Conditions for authorization - The Board may authorize the unescorted temporary absence of an offender referred to in paragraph 107(1)(e) where, in the opinion of the board,

the offender will not, by re-offending, present an undue risk to society during the absence;

it is desirable for the offender to be absent from penitentiary for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities;

the offender's behaviour while under sentence does not preclude authorizing the absence; and

a structured plan for the absence has been prepared.

         (2) Idem - The Commissioner or the institutional head may authorize the unescorted temporary absence of an offender, other than an offender referred to in paragraph 107(1)(e), where, in the opinion of the Commissioner or the institutional head, as the case may be, the criteria set out in paragraphs (1)(a) to (d) are met.

         (3) Medical reasons - An unescorted temporary absence for medical reasons may be authorized for an unlimited period.

         (4) Personal development or community service - Subject to subsection (6), an uriescorted temporary absence for reasons of community service or personal development may be authorized for a maximum of fifteen days, at the rate of not more than three times a year for an offender classified by the Service as a medium security offender and not more than four times a year for an offender classified as a minimum security offender.

         (5) Intervals - An unescorted temporary absence authorized by reasons referred to in subsection (4) must be followed by a period of custody of at least seven days before the next such absence.

         (6) Exception - An unescorted temporary absence for purposes of a specific personal development program may be authorized for a maximum of sixty days and may be renewed, for periods of up to sixty days each, for the purposes of the program.

         (7) Absences for other reasons - Unescorted temporary absences for reasons other than those referred to in subsection (3) or (4) may be authorized for a maximum total of forty-eight hours per month for an offender classified by the Service as a medium security offender, and for a maximum total of seventy-two hours per month for an offender classified as a minimum security offender.

         (8) Regulations - The circumstances and manner in which, and the time at which, an application for an unescorted temporary absence must be made shall be prescribed by the regulations.

         (9) Travel time - In addition to the period authorized for the purposes of an unescorted temporary absence, an offender may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.

         (10) Cancellation of absence - The Board, the Commissioner or the institutional head, whichever authorized a particular unescorted temporary absence of an offender, may cancel that absence, either before or after its commencement,

where the cancellation is considered necessary and reasonable to prevent a breach of a condition of the absence or where such a breach has occurred;

where the grounds for granting the absence have changed or no longer exist; or

after a review of the offender's case based on information that could not reasonably have been provided when the absence was authorized.

[1992, c. 20, s. 116; 1993, c. 34, s. 58(F); 1995, c. 42, ss. 32(F), 71(F). ]

117. (1) Delegation to Commissioner - The Board may confer on the Commissioner or the institutional head, for such period and subject to such conditions as it specifies, any of its powers under section 116 in respect of any class of offenders or class of absences. ,

         (2) Delegation to provincial hospital - Where, pursuant to an agreement under paragraph 16(1)(a), an offender referred to in paragraph 107(1)(e) or subsection 116(2) has been admitted to a hospital operated by a provincial government in which the liberty of persons is normally subject to restrictions, the Board, the Commissioner or the institutional head, as the case may be, may confer on the person in charge of the hospital, for such period and subject to such conditions as they specify, any of their respective powers under section 116 in relation to that offender.

         (3) Suspension by institutional head - Where the Board has not authorized the Commissioner or the institutional head under subsection (1) in respect of the offender or in respect of the absence, the institutional head of the penitentiary from which an unescorted temporary absence has been effected may suspend the absence if, in the opinion of the institutional head, the offender's retention in custody or recommitment to custody is justified in order to protect society, on the basis of information that could not reasonably have been provided to the Board when the absence was authorized.

         (4) Referral of suspension to Board - An institutional head who suspends the unescorted temporary absence of an offender shall forthwith refer the offender's case to the Board, and the Board shall decide whether the absence should be cancelled.

[1992, c. 20, s. 117; 1995, c. 42, s. 71(F). ]

118. Warrant for arrest and recommittal -A person who cancels an unescorted temporary absence pursuant to subsection 116(10) or pursuant to a delegation of power under subsection 117(1) or (2), or who suspends an unescorted temporary absence pursuant to subsection 117(3), shall cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the offender pursuant to section 137, where the offender is not in custody in a penitentiary or in a hospital referred to in subsection 117(2).

[1992, c. 20, s. 118; 1995, c. 42, s. 71(F). ]